Monday, 31 October 2016

Colombia was the only Latin America country chosen by the
World Organization for Intellectual (WIPO) to implement the Program of
Assistance to Inventors (PAI). Other countries chosen were Morocco and
Philippines.

The program, as can be guessed by its name, give assistance
to investors. In this particular case the assistance in in the form of free
legal advice to natural and legal persons (of limited resources) to complete
the process of filing patents.

The pilot of this program started back in 2015 and recently
the Deputy Superintendent for Industrial Property (SIC) visited Geneva,
Switzerland to present the balance of the program. It counted 11 projects and
24 lawyers have already been chosen by WIPO to provide services
pro bono.

According to SIC, the project will also help to “reduce the
level of dropouts in the patent application”. In Colombia the withdrawing of patent
applications is approx. 50%.

Thursday, 27 October 2016

From Stephany Soto, Clarke Modet & Co we hear of a Plan for Technology Transfer (TT)in Peru. The plan is taken effect from 2016 to 2021 and the aim is to promote technological development in the country. This plan is to contribute to the existing one called ‘National Plan for Science, Technology and Innovation for Competitiveness and Human Development (PNCTI 2006-2021)’.

Webinar available at Latin America IPR SME Helpdesk

Technology progress is linked to the economic growth and high income in countries and this plan involves both the private and economic sector. Universities will play a crucial role since they encompass ‘Research’. Research usually leads to development of new products and processes which are followed by commercialisation - providing economic returns. Miss Soto says “The plan was created with the aim of promoting the development and transfer of technological innovations in companies raising the competitiveness and productivity, added value with criterion of economic and environmental sustainability”.

In this line, the State intention is to organise “technology meetings, technology fairs and other events to create networking among entrepreneurs and researchers in order to make easier the interaction and promote collaborative projects.” This will hand in hand with imparting training in intellectual property (IP).

Why IP should matter for TT?
Technology is valuable, provoking copies or imitations. If technology is copied and/or imitated it reduces the possible profits of the inventor: and who would like to invent without rewards where time and money have been spent and you will not have recognition?

What IP does it’s to encourage innovation by (the government) granting successful inventors a temporal monopoly over the invention.

In Peru if companies have a TT agreement/contract, such license must be in writing and registered before the INDECOPI to be enforceable before 3rd parties. And it is good to know that Peru is member of the PCT.

In closing I would like to see more policies in TT and of course giving incentive to this matter. For example in Costa Rica there is a Law (No. 20.241) on R&D which provides incentives: 35 % tax credit on the amount invested in R&D, when duly certified by the National Production Development Corporation; remaining 65 % can be considered as ‘expenses’.

Wednesday, 26 October 2016

From Mexico and Spain we read a debate about a potential case of copyright infringement.
The Mexican football club ‘Club America’ has released this month a new hymn celebrating its centennial. The song was launched during the half time of the game against Tijuana on Saturday October 15th.

The hymn created much controversy in social media since it is claimed that the hymn is similar to another football club, that is the ‘Sevilla’ from Spain (the hymn can be heard here).

laixb.com

The authorship of the alleged infringed song belongs to the Mexican group Matute, headed by Jorge D'Alessio. After the social media war, he claimed that "there is no copying or plagiarism" in the hymn while the football club separated from any responsibility. The band also noted that there was no ‘intention’. In this regards it is important to note that intention is not needed for an action of infringement since it is strict liability.

Finally, the Mexican football club released a communication stating that "although the musical work is an original work, it has caused some discomfort, therefore this song will never be used by the Club". Why this reaction? the work was commissioned and depending on the contract, they may be the owner of the song and even if the club wants to separate itself from this controversy and keep using it, they are liable (Art 231 of the Mexican Federal Law on Copyright) .

Jorge D'Alessio also published a statement: “Club America asked me to conduct, through the figure of commissioned work, the anthem of the 'centenary', not the official anthem, which I lovingly did as I am fond of the America. You should know that there is no mutilation, copy, distortion, or so-called plagiarism, nor in the letter or the music composed.” It continues “experts in the field are already making the necessary expertise in order to compare the two compositions.”

Good to know:

The Mexican Federal Law on Copyright for the purpose of ensuring legal security of authors and owners of copyright, advice authors to register the work in the Public Copyright Register (art 162). However the same provision of law clarifies that even if literary and artistic works and neighbouring rights are not registered, the law still protect them. This goes in line with the Berne Convention which grants this right without the need of any formality.

Practice of infringement can be for direct or indirect profit-making purposes (art 231).

The use of language in D’Alessio’s statement i.e. ‘distorted, or mutilated’ are type of infringements covered in art 231(iv).

The author of a work is the perpetual owner of the moral rights in works created by him (art 18).

Monday, 10 October 2016

From the Peruvian National Institute for Defence of Competition and Protection of Intellectual Property (Indecopi) I read 3 different set of news but all relating to the same: the ‘right of authors’.

1.- GUIDANCE: A reminder to all music producers and creators that there is a booklet providing guidance and promoting awareness of the rules and respect for intellectual property: ‘Guia especializada de derecho de autor para musicos’.
The booklet is written in a simple way explaining the ‘rights of authors in their musical works and how they can obtain economic benefit of its creation’. It is accessed here.

2.- NO TO PIRACY: In light of the national film premiere La peor de mis bodas ('The worst of my weddings), INDECOPI ‘urges citizens to support national film production, rejecting any pirated material’. INDECOPI acknowledges the effort made by the Peruvian people in putting the movie together including artist, directors and production team, and thus, invites the public to support the movie and go to the cinema.

3.- COUNTING YOUR PENNIES: INDECOPI installed a web application called 'Sintoniza’ (Tune). It allows property’s owners (such as bars, shopping centres, dance schools, etc.) to see an estimate of the rate it would have to pay for the use of national and international musical repertoire - administered by collecting societies. The application is free of charge and it is said to be an easy and comprehensive tool for the general public. INDECOPI says that through this tool, they encourage ‘the payment of duties that by law, shall receive authors, artists and producers.’